STATE v. ROCHE

No. 1820.

104 Ariz. 276 (1969)

451 P.2d 605

The STATE of Arizona, Appellee, v. Thomas J. ROCHE, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 15, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Carl Waag, Asst. Atty. Gen., for appellee.

Gilbert Gonzalez, Tucson, for appellant.


UDALL, Chief Justice:

Defendant, Thomas James Roche, was convicted of attempted burglary and sentenced to serve seven to seven and one-half years in the state prison. He appeals from the judgment of conviction.

On August 30, 1966, at approximately 3:15 A.M., a deputy of the Pima County Sheriff's department observed two men climb onto the roof of a building near where he was parked. When he heard "metallic noises * * * like they were prying on something" he...

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